Town of Warwick
Selectboard
September 6, 2011
Minutes
Members present: Patricia Lemon, Nick Arguimbau, Dawn Magi
Others present: Town Coordinator David Young, Town Secretary Rosa
Fratangelo Calcari, Paul Daniello (Mt. Grace Land Conservation Trust),
Open Space Committee and Conservation Commission member Mary Williamson,
Police Chief David Shoemaker, Joe Powling, Jon Calcari, Jared Robinson
(Athol Daily News)
I. Call to Order
Chair Magi called the meeting to order at 6:00 pm in Town Hall.
Minutes
Lemon MOVED to accept the minutes of August 22, 2011 as printed.
Arguimbau SECONDED. Motion carried by a vote of 2-0-1. Lemon and
Arguimbau: Aye; Magi abstained as she was absent from that meeting.
Lemon MOVED to accept the minutes of August 27, 2011 as printed.
Arguimbau SECONDED. Motion carried by a vote of 3-0-0.
Public Comment
Lemon wanted to know how much extra it costs to have the Transfer
Station open on Wednesdays. Young said that the Transfer Station
Attendant makes approximately $55.00 each Wednesday. Lemon wanted the
Board of Health to discuss having the Transfer Station have Wednesday
hours all year round. Magi and Lemon said that they would like to attend
a Board of Health meeting this month, as did Arguimbau.
IV. Presentations and Discussions
1. Potential Conservation Restriction-- Because Lemon is an abutter to
the land and therefore has a financial interest in the issue to be
discussed, she recused herself from the proceedings. Lemon said that she
would listen to the discussion, but not participate.
Paul Daniello of the Mt. Grace Land Conservation Trust (MGLCT) was
present to follow up on his discussion from the last meeting. He
explained that the MGLCT cannot hold the Conservation Restriction (CR)
and hoped that the Board would be willing to conceptually hold a CR on
Ralph Jay's land pending the approval of an acceptable and approvable
CR.
Daniello explained that landowner Ralph Jay will be paid 75% of the fair
market value of the CR. The property is currently in Chapter 61 and will
remain so. He pointed out that Mr. Jay will still pay real estate taxes
to the Town. Daniello noted that Warwick's Conservation Commission has
reviewed and voted in favor of the CR.
Mary Williamson said that the Open Space Committee had sent the
Board a memorandum detailing the reasons for the Committee's support
of the proposed CR. Williamson's memo included the sentence "The
Warwick Open Space Committee believes that the Town should support
this project because conserving Mr. Jay's land fulfills so many of
the open space value criteria identified by the OSRP" (Open Space
and Recreation Plan).
Arguimbau MOVED to approve in concept the CR on Ralph Jay's land
provided the Mt. Grace Land Conservation Trust furnishes appropriate
language which we expect to be able to approve. Magi SECONDED.
Motion carried by a vote of 2-0-1. Magi and Arguimbau: AYE; Lemon
abstained, as she had recused herself from the discussion.
Police Chief David Shoemaker -- Chief Shoemaker reported on the FRCOG
meeting at which five models for the emergency/911 system were
presented. He said that an outside consultant will review the models and
rank their viability, which will be the topic of the next meeting. Chief
Shoemaker noted that two of the models could potentially cost the Town
around $13,000.00 or $32,000.00 per year. He explained that while
implementation of any changes will take several years, it is wise to
look ahead and be prepared. He said that the current infrastructure and
capacity of the system is insufficient, although it is run by dedicated
people to whom he gives much credit.
Chief Shoemaker introduced Joe Powling, a full-time paramedic with the
Orange Fire Department. Powling is developing a tactical paramedic team
for response at critical times, such as if a police officer is wounded
in the line of duty. The team will consist of paramedics and police
officers from Warwick and Orange along with Franklin County Sheriff's
deputies. One trained officer will be on duty on each shift in Orange.
Chief Shoemaker asked that Joe Powling be appointed as a Warwick police
officer, and stated that Powling has all necessary qualifications and
was fully competent.
Arguimbau MOVED to appoint Joe Powling as a Warwick Police Officer.
Lemon SECONDED. Motion carried by a vote of 3-0-0.
Lemon asked for a copy of Officer Powling's resume. At the
conclusion of his discussions, Chief Shoemaker left the meeting and
returned with the requested document.
Lastly, Chief Shoemaker asked that the Board approve a multi agency
mutual aid request from MEMA and sign the Mutual Aid Opt-In Form.
Lemon MOVED that the Selectboard vote to join the statewide Public Works
and Public Safety Mutual Aid Agreements under the provisions of
Attachment B and to authorize the Chair to sign Attachment C. Arguimbau
SECONDED. Motion carried by a vote of 3-0-0.
Review Zoning Enforcement -- Young said that some progress has been made
on the Tully Brook Road and Royalston Road matters. The Board was
presented with a copy of a use permit application, with date and time
September 6, 4:50 pm, for one but not both of Les Black's clients,
showing partial compliance with his representation that both of his
clients would file applications no later than September 6, 2011. Young
noted that zoning enforcement will be placed on the agenda of a future
meeting.
Young explained that the Severance matter is scheduled to be reviewed in
housing court on September 16th. Young said that he, Town Counsel, and
Building Inspector Phil Delorey will be present in court. The judge has
ordered that no one may live on the Hockanum Road property. Young will
try to mediate one last time, emphasize that no one may live there, and
stress that the Town intends to enforce the building code up to and
including demolition of the structure if the Severance remain in
noncompliance.
Arguimbau suggested that Young ask the judge for an order for at
least one nighttime inspection to be conducted by the Police
Department, and an order permitting the Town to go in and do
plumbing and electrical work with its own contractor, with the cost
being added to the cost of litigation. Young said there is no budget
to pay a contractor and he doubts any contractor would take on the
work without a guarantee of payment.
4. Appointment -- Young explained that the Cemetery Commission had
requested that the Selectboard appoint Miguel Torres the Burial Agent.
Lemon MOVED to appoint Miguel Torres the Burial Agent until June 30,
2012. Arguimbau SECONDED. Motion carried by a vote of 3-0-0.
5. Chapter 90 Reimbursement Sign-Off -- Young gave the documents for
each Board member to sign. The cost for crumb rubber sealing on Richmond
Road will be reimbursed through Chapter 90 funds in the amount of
$75,232.80. The documents were signed by all three members.
6. Review Special Town Meeting Warrant -- In speaking about the draft
warrant for the September 26th Special Town Meeting, Young said that
Arguimbau is working on the specific language for Article 2, which deals
proposed amendments to the Flood Plain Overlay District By-law. He noted
that according to Town Accountant Janice Barrett, Article 5, which
involves moving funds to the perpetual care account, will not require
Town Meeting action, just instruction in writing from the Cemetery
Commission.
7. MGL Chapter 268 Section 20d Exemption-- Young explained that he
recently hired firefighter Mike Mankowsky to assist in getting the
generator started at the Warwick Community School prior to Tropical
Storm Irene. Young requested the Board vote a MGL 286:20d exemption on
the work performed, which totaled $80.00. Lemon MOVED to grant Mike
Mankowsky a MGL 268:20d exemption. Arguimbau SECONDED. Motion carried by
a vote of 3-0-0.
8. Selectboard Reports-- Lemon said that she will attend a Franklin
Regional Transit Authority meeting on Thursday, September 8th.
9. Coordinator Report-- Young said that the Highway expended 16 hours
of overtime during Tropical Storm Irene. Because of good preparation, no
roads were lost.
Lemon MOVED to end the State of Emergency prompted by the anticipation
of Hurricane Irene. Arguimbau SECONDED. Motion carried by a vote of
3-0-0.
Lemon commended the Highway Department and Tim Kilhart for their
pre-Irene work and their level of preparedness.
Fire Chief Gunnar Lambert has given Young a verbal notice of his
impending retirement. Young said that he will post the opening and
prepare for the interview of candidates by the Board.
Arguimbau wanted to have a joint meeting with the Board of Health to
discuss the management of the Transfer Station.
10. New and Other Business-- None.
V. Adjournment
At 7:19 pm, Lemon MOVED to adjourn the meeting. Arguimbau SECONDED.
Motion carried by a vote of 3-0-0.
Minutes taken by Rosa Fratangelo Calcari